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Long v. Petsock

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


August 22, 1991

RICHARD LONG, AJ-0520, APPELLANT
v.
GEORGE PETSOCK, WARDEN, SCIP

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA; (D.C. Civil No. 89-01788); District Judge: Hon. William L. Standish.

Cowen and Nygaard, Circuit Judges, and Pollak, District Judge.*fn*

JUDGMENT ORDER

After considering the contentions raised by appellant, to-wit that:

1) The district court erred when it ruled that Long needed to prove prejudice with respect to the issue of whether he was deprived of his right to a public trial under the Sixth Amendment;

2) The district court erred in failing to grant Long an evidentiary hearing on issues on which the state courts made no fact-finding rulings or upon which there was no clear basis for the state court rulings in violation of Title 18, U.S.C. ยง 2254(D);

3) The district court erred when it upheld the findings of the Pennsylvania state courts that Long's counsel was not ineffective when he did not interview Gary Walk and then failed to call Walk as a witness; and

4) The district court erred in finding as a matter of law that trial counsel was not ineffective when he failed to employ an expert in either marine fires or forensic chemistry; it is

ADJUDGED and ORDERED that the judgment of the district court be and is hereby AFFIRMED.

Costs taxed against appellant.


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